In-house Legal Counsel, FINCA Afghanistan

Job Description

SUMMARY The In-House Legal Counsel (ILC) is the Senior Legal Officer for FINCA subsidiaries and is responsible for all legal matters related to the Subsidiary, reporting directly to the Subsidiary’s CEO as well as the Office of the General Counsel of FINCA International, Inc. (FINCA). The ILC will provide legal support to the operations of the Subsidiary, with special emphasis on the litigation, corporate, contracts, microfinance, and compliance aspects. In coordination with FINCA’s Office of the General Counsel, the ILC will be responsible for reviewing and preparing contracts and other corporate and legal documents, ensuring compliance with microfinance applicable legislation and regulation as well as ensuring compliance with labor and employment obligations. In addition, the ILC will be responsible for identifying legal risks associated with the operations of the Subsidiary and proposing mechanisms for mitigating such risks. The ILC will operate in accordance with the Protocol of the Office of General Counsel. ESSENTIAL DUTIES include the following. Other duties may be assigned.

• Representing the Subsidiary before local authorities and courts, as required, maintaining resources and overseeing collection litigation and fraud prosecution, in keeping with FINCA practices and policies, pursuing claims by the Subsidiary as determined and defending the Subsidiary against claims by third parties.
• Managing the collections function at the Subsidiary including managing and developing Collections Officers.

OTHER DUTIES

• Preparing and reviewing corporate documentation, including notices of meetings, resolutions of corporate bodies and minutes of the meetings of the shareholders, the Board of Directors and other committees, as applicable; drafting powers of attorney, providing reports to management boards of Subsidiary and FINCA.
• Reviewing loan contracts with clients and making appropriate changes approved by Subsidiary management.
• Reviewing loan contracts with local and international lenders and preparing necessary documentation to comply with such loan contracts.
• Complying with microfinance regulation applicable to the activities and operations of the Subsidiary.
• Identifying legal risks associated with the operations of the Subsidiary and proposing mechanism for mitigating them.
• Review SGPM and ensure its compliance.

SUPERVISORY RESPONSIBILITY Coordinating and supervising the work of other attorneys providing legal services to the Subsidiary, in-house, external and pro bono. EDUCATION & EXPERIENCE

• Authorized to practice law in Afghanistan.
• Experience in litigation and collections/finance/banking required.
• Experience in corporate law a plus.
• Minimum 3 years of experience.

LANGUAGE SKILLS Fluency in Dari and Pashtu required. Fluency in English preferred. KEY DELIVERABLES Provide timely and strategic support to Subsidiary Management team, FINCA’s Office of the General Counsel and any external, pro bono counsel. KEY RELATIONSHIPS Subsidiary management team, FINCA’s Office of the General Counsel, Subsidiary attorney network. TRAVEL REQUIREMENTS Availability and willingness to tra vel up to 30% of the time. PHYSICAL DEMANDS Ability to travel in economy class when traveling by air or rail. Ability to use own vehicle to perform required responsibilities in Afghanistan.